(A)   In order to ensure that the zoning regulations will permit all similar uses in each zone, the Planning and Zoning Commission, upon its own initiative or upon written request shall determine whether a use not specifically listed as a permitted or conditional use in any zone shall be deemed a permitted use or a conditional use in any one or more zones on the basis of similarity to uses specifically listed.

   (B)   The procedures of this section shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditional uses.

(Ord. 2012-04, passed 12-5-2012)

   Application for determination of similar uses shall be made in writing to the Town Manager or designee and shall include a detailed description of the proposed use and such other information as may be required by the Town Manager or designee to facilitate the determination.

(Ord. 2012-04, passed 12-5-2012)

   The Town Manager or designee shall make such investigations of the application as necessary to compare the nature and characteristics of the proposed use with those uses specifically listed and shall make a report of his or her findings to the Planning and Zoning Commission.

(Ord. 2012-04, passed 12-5-2012)

   The determination of the Planning and Zoning Commission shall be final 15 days from the date of the decision unless an appeal is filed.

(Ord. 2012-04, passed 12-5-2012)

   A decision of the Planning and Zoning Commission may be appealed within 15 days to the Town Council by the applicant or any other person, as prescribed in § 20.6, Appeals: Town Council Review, or by any member of the Town Council without fee.

(Ord. 2012-04, passed 12-5-2012)

   The Town Council shall make a determination as prescribed in § 20.6-3, Town Council Action on Appeal, if an appeal has been filed within the prescribed 15-day appeal period. The decision of the Town Council shall be final.

(Ord. 2012-04, passed 12-5-2012)

   In order to maximize the opportunity for citizen involvement in the rezoning and conditional use permit process that is described in the following sections, and to resolve any neighborhood issues at an early stage in the process, the following requirements shall be included in the public hearing process.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Every zone change and conditional use permit application shall include a citizen participation plan that must be implemented prior to the first public hearing.

   (B)   The purpose of the citizen participation plan is to achieve the following:

      (1)   Ensure that applicants pursue early and effective citizen participation in conjunction with their applications, giving them the opportunity to understand and try to mitigate any real or perceived impacts their application may have on the community or on the neighborhood;

      (2)   Ensure that the citizens and property owners of Tusayan have an adequate opportunity to learn about applications that may affect them and to work with applicants to resolve concerns at an early stage of the process; and

      (3)   Facilitate ongoing communication between the applicant, interested citizens and property owners, town staff and elected officials throughout the application review process.

   (C)   The citizen participation plan is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors and to allow for informed decision making.

   (D)   At a minimum, the citizen participation plan shall include the following:

      (1)   Which residents, property owners, interested parties and public and private agencies may be affected by the application;

      (2)   How those interested in and potentially affected by an application will be notified that an application has been made;

      (3)   How those interested and potentially affected parties will be informed of the substance of the zone change, amendment or development proposed by the application;

      (4)   How those interested and affected parties will be provided an opportunity to discuss the applicant’s proposal with the applicant and express any concerns, issues or problems they may have with the proposal in advance of the public hearing;

      (5)   The applicant’s schedule for completion of the citizen participation plan; and

      (6)   How the applicant will keep the town staff informed on the status of citizen participation efforts.

   (E)   Applicants must conduct a neighborhood community meeting prior to submitting an application for a zone change or a conditional use permit.

      (1)   The meeting must be conducted in the general vicinity of the property involved in the application. The meeting serves as a forum for information exchange between applicants and affected members of the public.

      (2)   An applicant may make a written request and receive a written determination whether, due solely to impractical circumstances, the requirement for a community meeting should be waived by the Town Manager. At a minimum the request must explain why the applicant’s citizen participation plan provides other adequate, alternative opportunities for citizens to express any concerns, problems or issues they may have with the proposal in advance of the public hearing. The Town Manager shall make  his or her determination a part of the written record in the case.

   (F)   The level of citizen interest and area of involvement will vary depending on the nature of the application and the location of the site. The target area for notification will be determined by the applicant after consultation with town staff. At a minimum, the target area shall include the following:

      (1)   Property owners within the public hearing notice area required by other sections of this ordinance;

      (2)   The head of any property owners’ association within the notice area required by other sections of this zoning code;

      (3)   Other potentially affected property owners outside of the legal notice area as determined by town staff; and

      (4)   Other interested parties who have requested that they be placed on a list of interested parties maintained by the town staff.

   (G)   These requirements apply in addition to any notice provisions required elsewhere in this zoning code.

   (H)   (1)   The applicant may submit a citizen participation plan and begin implementation prior to formal application at his, her or their discretion.

      (2)   This shall not occur until after a pre-application meeting and consultation with town staff.

(Ord. 2012-04, passed 12-5-2012)

   (A)   This section applies only when a citizen participation plan is required by this zoning code.

   (B)   The applicant shall provide a written report on the results of his, her or their citizen participation effort prior to the notice of public hearing. This report shall be attached to the staff report submitted to the Planning and Zoning Commission.

   (C)   At a minimum, the citizen participation report shall include the following information:

      (1)   Details of the techniques the applicant used to involve the public, including:

         (a)   Dates and locations of all meetings where citizens were invited to discuss the applicant’s proposal;

         (b)   Content, dates mailed and numbers of mailings, including letters, meeting notices, newsletters and other publications;

         (c)   Where residents, property owners and interested parties receiving notices, newsletters or other written materials are located;

         (d)   The number of people that participated in the process; and

         (e)   The percentage of those notified that participated in the process.

      (2)   A summary of concerns, issues and problems expressed during the process, including:

         (a)   The substance of the concerns, issues and problems;

         (b)   How the applicant has addressed or intends to address concerns, issues and problems expressed during the process; and

         (c)   Concerns, issues and problems the applicant is unwilling or unable to address and why.

(Ord. 2012-04, passed 12-5-2012)

   In order to give the use regulations the flexibility necessary to achieve the objectives of this section, in certain zones conditional uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the Planning and Zoning Commission is empowered to grant and to deny applications for use permits for such conditional uses in such zones as are prescribed in the zone regulations and to impose reasonable conditions upon the granting of conditional use permits, subject to the right of appeal to the Town Council.

(Ord. 2012-04, passed 12-5-2012)

   Application for a conditional use permit shall be filed with the Town Manager or designee on a form prescribed by the town and shall include the following data and maps:

   (A)   Name and address of the applicant;

   (B)   Statement that the applicant is the plaintiff in any action in eminent domain to acquire the property or the owner or the authorized agent of the property on which the use is proposed to be located. This provision shall not apply to a proposed public utility right-of-way;

   (C)   Address and legal description of the property;

   (D)   Statement indicating the precise manner of compliance with each of the applicable provisions of this section, together with any other data pertinent to the findings prerequisite to the granting of a use permit, prescribed in § 20.3-7;

   (E)   A list of all owners of property located within 300 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties;

   (F)   Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included in the plans; and

   (G)   Plans and/or a preliminary report describing the proposed provisions for storm drainage, sewage disposal and such other public improvements and utilities as the Town Manager or designee may require in order to give a full evaluation of the project.

(Ord. 2012-04, passed 12-5-2012)

   The application shall be accompanied by a fee established by resolution of the Town Council to cover to cost of handling the application as prescribed in this section.

(Ord. 2012-04, passed 12-5-2012)

   The Planning and Zoning Commission shall hold at least one public hearing on each application for a conditional use permit. The hearing shall be set and notice given as prescribed in § 20.5, Public Hearing Time and Notice. At the public hearing, the Commission shall review the application and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in § 20.3-7.

(Ord. 2012-04, passed 12-5-2012)

   The Town Manager or designee shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning and Zoning Commission and made available to the applicant prior to the public hearing.

(Ord. 2012-04, passed 12-5-2012)

   Within 21 days following the closing of the public hearing on a conditional use permit application, the Planning and Zoning Commission shall act on the application. The Commission may grant, by resolution, a conditional use permit as the permit was applied for or in modified form, or the application may be denied. A conditional use permit may be revocable, may be granted for a limited time period or may be granted, subject to such conditions as the Commission may prescribe. Conditions may include, but shall not be limited to, drainage, sewage, water and other utility requirements, requiring special yards, open spaces, buffers, fences and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of traffic circulation; regulation of signs; regulation of hours of operation and methods of operating; control of potential nuisances; prescribing standards for maintenance of buildings and grounds; prescription of development schedules and development standards; and such other conditions as the Commission may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety and welfare. The Commission may grant waivers from the Zoning Ordinance in conjunction with the approval of a conditional use permit for such property development standards and performance standards as: fences, walls, screening and landscaping; site area; width and depth; front, rear and side setbacks; lot coverage; height of structures; distance between structures; usable open space; signs; off-street parking facilities or parking lot standards; or frontage on a public street.

(Ord. 2012-04, passed 12-5-2012)

   The Planning and Zoning Commission shall make the following findings before granting a conditional use permit:

   (A)   The proposed location of the conditional use is in accord with the objectives of this zoning code and the purpose of the zone in which the site is located;

   (B)   The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity;

   (C)   The proposed conditional use will comply with each of the applicable provisions of this zoning code, except for approved variances; and

   (D)   The proposed conditional use is consistent with and conforms to the goals, objectives and policies of the Tusayan Area Plan.

(Ord. 2012-04, passed 12-5-2012)

   The decision of the Planning and Zoning Commission shall be final 15 days from the date of the decision and upon receipt by the Town Manager or designee of a signed agreement to the conditions of approval, unless prior to the expiration of said 15-day period an appeal has been filed with the Town Council.

(Ord. 2012-04, passed 12-5-2012)

   A decision of the Planning and Zoning Commission may be appealed within 15 days to the Town Council by the applicant or any other person as prescribed in § 20.6, Appeals: Town Council Review; or by appeal of an individual member of the Town Council without fee.

(Ord. 2012-04, passed 12-5-2012)

   The Town Council shall hold a public hearing on a conditional use permit as prescribed in § 20.6-3 if an appeal has been filed within the prescribed 15-day appeal period. The decision of the Town Council shall be final.

(Ord. 2012-04, passed 12-5-2012)

   (A)   A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required; provided that, a use permit for a public utility installation may be valid for a longer period if specified by the Planning and Zoning Commission.

   (B)   A conditional use permit subject to lapse may be renewed; provided that, prior to the expiration date, an application for renewal of the use permit is filed with the Commission.

   (C)   The Planning and Zoning Commission may grant or deny an application for renewal of a conditional use permit, subject to the modification of existing conditions of approval and/or the addition of new conditions of approval.

   (D)   A conditional use permit shall also lapse if the use for which the permit is approved is terminated for a period of two years. Recommencement of the use after the two-year period of inactivity shall require filing a new application following the requirements and processes specified in §§ 20.3-2 through 20.3-10.

(Ord. 2012-04, passed 12-5-2012)

   (A)   A conditional use legally established prior to the effective date of this zoning code or prior to the effective date of subsequent amendments to the regulations or zone boundaries, shall be permitted to continue; provided that, it is operated and maintained in accord with the conditions prescribed at the time of its establishment, if any.

   (B)   Alteration or expansion of a pre-existing conditional use shall be permitted only upon the granting of a use permit as prescribed in this section; provided that, alterations not exceeding in value 25% of the valuation of the existing use or building as determined by the town staff shall be permitted without the granting of a conditional use permit.

   (C)   A conditional use permit shall be required for the reconstruction of a structure housing a pre-existing conditional use if the structure is destroyed by fire or other calamity, by act of God or by the public enemy to a greater extent than 50%. The extent of damage or partial destruction shall be based upon the ration of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the town staff and shall be based on the minimum cost of construction in compliance with the Building Code.

(Ord. 2012-04, passed 12-5-2012)

   Sections 20.3-2 through 20.3-11 shall apply to an application for modification, expansion or other change in a conditional use; provided that, minor revisions or modifications may be approved by the Town Manager if he or she determines that the changes would not affect the findings prescribed in § 20.3-7, Findings.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Upon violation of any applicable provision of this zoning code or, if granted subject to conditions, upon failure to comply with conditions, a conditional use permit shall be suspended automatically. The Planning and Zoning Commission shall hold a public hearing within 60 days, in accordance with the procedure prescribed in § 20.3-4, Public Hearing, and if not satisfied that the regulation, general provisions or conditions are being complied with, may revoke the conditional use permit or take such action as may be necessary to ensure compliance with the regulation, general provisions or condition.

   (B)   The decision shall become final 30 days following the date on which the use permit was revoked unless an appeal has been filed within the prescribed 15-day appeal period, in which case § 20.6-3, Town Council Action on Appeal, shall apply.

(Ord. 2012-04, passed 12-5-2012)

   Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same use on the site shall be filed within one year from the date of denial or revocation of the use permit.

(Ord. 2012-04, passed 12-5-2012)

   A use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change in ownership of the site or structure which was the subject of the use permit application.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Application for a conditional use permit may be made at the same time as an application for a change in zone boundaries including the same property, in which case the Planning and Zoning Commission shall hold the public hearing on the zoning reclassification and the use permit at the same meeting and may combine the two hearings.

   (B)   For the purposes of this section, the date of the Commission decision on the use permit application shall be deemed to be the same as the date of enactment by the Town Council of an ordinance changing the zone boundaries; provided that, if the Town Council modifies a recommendation of the Commission on a zoning reclassification, the use permit application shall be reconsidered by the Commission in the same manner as a new application.

(Ord. 2012-04, passed 12-5-2012)

   The zoning map and zoning regulations may be amended by changing the boundaries of any zone or by changing any zone regulation or any other provision of this zoning code in accord with the procedure prescribed in this section.

(Ord. 2012-04, passed 12-5-2012)

   (A)   A change in the boundaries of any zone may be initiated by a property owner or authorized agent of a property owner by filing an application for a change in zone boundaries as prescribed in this section.

   (B)   A change in the boundaries of any zone or change in the regulations may be initiated by the Planning and Zoning Commission or the Town Council.

(Ord. 2012-04, passed 12-5-2012)

   An application for a change in zone classification which is not consistent with the land use goals and policies as identified in the Tusayan Area Plan shall not be processed until an amendment to the Tusayan Area Plan has been filed, as prescribed in § 21, Tusayan Area Plan.

(Ord. 2012-04, passed 12-5-2012)

   A property owner desiring to propose a change in the boundaries of the zone in which his or her property is located, or his or her authorized agent, may file with the Town Manager or designee an application for a change in zone boundaries on the form prescribed by the town and shall include the following data:

   (A)   Name and address of the applicant;

   (B)   Signature of the property owners;

   (C)   Address and legal description of the property;

   (D)   An accurate scale drawing of the site and the surrounding area showing existing streets and property lines for a distance determined by the town staff to be necessary to illustrate the relationship to and impact on the surrounding area;

   (E)   The town staff may require additional information or maps if they are necessary to enable the Commission to determine whether the change is consistent with the objectives of this zoning code. The Town Manager or designee may authorize omission of the map required by this section if it is not necessary; and

   (F)   A list of all owners of properties located within 300 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties.

(Ord. 2012-04, passed 12-5-2012)

   The application shall be accompanied by a fee established by resolution of the Town Council to cover the cost of processing the application as prescribed in this section.

(Ord. 2012-04, passed 12-5-2012)

   The Planning and Zoning Commission shall hold at least one public hearing on each application for a change in zone boundaries or for a change of the zoning regulations. The hearing shall be set and notice given as prescribed in § 20.5, Public Hearing Time and Notice.

(Ord. 2012-04, passed 12-5-2012)

   The Town Manager or designee shall make an investigation of the application or proposal and shall prepare a report thereon which shall be submitted to the Planning and Zoning Commission and to the applicant prior to the public hearing.

(Ord. 2012-04, passed 12-5-2012)

   At the public hearing, the Planning and Zoning Commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is consistent with the objectives of this zoning code, the Tusayan Area Plan and the development policies of the town.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Within 21 days following the closing of the public hearing, the Planning and Zoning Commission shall make a decision based on the following findings:

      (1)   The change is consistent with the goals, objectives and policies of the Tusayan Area Plan and this zoning code;

      (2)   The change is in the interest of or will further the public health, safety, comfort, convenience and welfare; and

      (3)   The change will not adversely affect the established character of the surrounding neighborhood nor be detrimental to adjacent properties.

   (B)   Based on these findings, the Commission shall recommend that the application be approved, approved in modified form or denied. Said recommendation shall be transmitted to the Town Council for final hearing and disposition.

(Ord. 2012-04, passed 12-5-2012)

   When the Planning and Zoning Commission determines, following a public hearing on a change in the boundaries of any zone, that a change to a zone classification other than the proposed classification specified in the hearing notice is desirable, the Commission may recommend alternate classifications to a proposed classification in accord with the following schedule:

 

(Ord. 2012-04, passed 12-5-2012)

   (A)   The Town Council shall hold at least one public hearing on an application or a proposal within 40 days after receipt of the resolution or report of the Planning and Zoning Commission. The hearing shall be set and notice given as prescribed in § 20.5, Public Hearing Time and Notice. Within 21 days following the closing of a public hearing, the Town Council shall make a decision based on the findings required by § 20.4-9.

   (B)   If the Town Council finds that the change is consistent with the findings required by § 20.4-9, it shall approve an ordinance amending the zoning map or zoning regulations, whichever is appropriate.

   (C)   The Town Council may modify a decision of the Planning and Zoning Commission recommending the granting of an application or adoption of a proposal. However, prior to making a final decision on the amendment or proposal, the Town Council may, but shall not be required to, submit any or all modifications to the Commission for reconsideration at a public meeting. The Commission may, but is not required to, provide supplemental comments on the modifications to the Town Council. The Town Council may consider any supplemental comments from the Commission before making the findings required by § 20.4-9 and rendering a final decision. Failure of the Commission to report within 30 days after receipt of the Town Council request shall be deemed concurrency.

   (D)   (1)   If the Town Council finds that the change is not consistent with the findings required by § 20.4-9, it shall deny the application or reject the proposal. In accordance with A.R.S. § 9-462 if 20% or more either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, file a protest in writing against a proposed amendment, it shall not become effective, except by the favorable vote of three-fourths of all members of the Town Council. If any members of the Town Council are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the Town Council; provided that, such required number of votes shall in no event be less than a majority of the full membership of the Town Council.

      (2)   In calculating the owners by number or area, town property and public rights-of-way shall not be included.

(Ord. 2012-04, passed 12-5-2012)

   Following the denial of an application for change in zone boundaries or a change in the zoning regulations, an application or request for the same or substantially the same change on the same or substantially same property shall not be filed within one year of the date of denial.

(Ord. 2012-04, passed 12-5-2012)

   The Town Council may approve a change of zone conditioned on a schedule for development of the specific use or uses for which the rezoning is requested. If, at the expiration of this period, the property has not been improved for the use for which it was conditionally approved, the Town Council after notification by registered mail to the owner and applicant who requested the rezoning, shall schedule a public hearing to grant an extension, determine compliance with the schedule for development or cause the property to revert to its former zoning classification.

(Ord. 2012-04, passed 12-5-2012)

   When a zone change request is accompanied by a preliminary subdivision plat, the change of zoning shall not vest or become effective until recordation of a final plat.

(Ord. 2012-04, passed 12-5-2012)

   (A)   The  Town Manager shall set the time and place of public hearings required by this code to be held by the Planning and Zoning Commission or Hearing Officer; provided that, the Commission or Hearing Officer may change the time or place of a hearing. However, the Planning and Zoning Commission or Hearing Officer shall hold a public hearing within 75 days after the appropriate application has been filed.

   (B)   The Town Clerk shall set the time and place of public hearings required by this zoning code to be held by the Town Council; provided that, the Town Council may change the time or place of a hearing. The Town Council shall hold a public hearing on a rezoning request, or an amendment approved by the Commission not less than 60 days after notice of such decision or appeal has been filed with the Town Clerk unless the applicant or appellant shall consent to an extension of time. Notice of a public hearing shall be given not less than 15 days, nor more than 30 days, prior to the date of the hearing by publication in a newspaper of general circulation. When the hearing concerns a matter other than an amendment to the text of this zoning code, the property shall be posted at least 15 days prior to the hearing. Notices of public hearings before the Planning and Zoning Commission,  Hearing Officer or  Town Council shall be mailed to all persons whose names appear on the latest adopted tax roll of Coconino County as owning property within 300 feet of the exterior boundaries of the property that is the subject of the hearing.

   (C)   In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by division (D) below:

      (1)   A 10% or more increase or decrease in the number of square feet or units that may be developed;

      (2)   A 10% or more increase or reduction in the allowable height of buildings;

      (3)   An increase or reduction in the allowable number of stories of buildings;

      (4)   A 10% or more increase or decrease in the setback or open space requirements; and/or

      (5)   An increase or reduction in permitted uses.

   (D)   In proceedings governed by division (C) above, the town shall provide notice to real property owners pursuant to at least one of the following notification procedures:

      (1)   Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly governed by the changes;

      (2)   If the town issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the town shall include notice of such changes in such utility bills or other mailings; and

      (3)   The town shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the town. The changes shall be published in a “display ad” covering not less than one-eighth of a full page.

   (E)   If notice is provided pursuant to divisions (D)(2) or (D)(3) above, the town shall also send notice by first class mail to persons who register their names and addresses with the town as being interested in receiving such notice. The town may charge a fee not to exceed $5 per year for providing this service.

   (F)   Not withstanding the notice requirements set forth in division (C) above, failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the town for which notice was given.

(Ord. 2012-04, passed 12-5-2012)

   Where this zoning code provides for appeal to the Town Council of a decision of the Planning and Zoning Commission, the appeal shall be made within 15 days of the date of the decision by filing a letter of appeal with the Town Manager. The appeal shall state in writing the reasons for the appeal.

(Ord. 2012-04, passed 12-5-2012)

   An appeal shall be accompanied by a fee established by resolution of the Town Council to cover the cost of processing the appeal.

(Ord. 2012-04, passed 12-5-2012)

   The Town Council shall hold at least one public hearing on a decision of the Planning and Zoning Commission which has been appealed. The hearing shall be held within 60 days from the filing of the appeal; the time and place of the hearing shall be set by notice given as prescribed in § 20.5. The Town Council shall render a decision on an appeal within 21 days following the closing of the public hearing on the appeal. Failure of the Town Council to act within the time period prescribed by this section shall be deemed approval of the Planning and Zoning Commission action. The Town Council may affirm, reverse or modify a decision of the Planning and Zoning Commission. The decision of the Town Council shall be final.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Variances from the terms of the zoning code shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

   (B)   The power to grant variances does not extend to use regulations. Flexibility to the zoning regulations is provided in the conditional use provisions of this zoning code.

   (C)   The Hearing Officer may grant variances to the regulations prescribed by this section, in accord with the procedure prescribed in this section, with respect to fences, walls, hedges, screening and landscaping; site area, width, and depth; front, rear and side yards; coverage, height of structures; distances between structures; usable open space; signs, off-street parking facilities or frontage on a public street.

   (D)   The Hearing Officer shall hear and decide appeals in which it is alleged that there is an error in an order, requirement or decision made by the Zoning Administrator in the administration of this zoning code.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Application for a variance shall be filed with the Town Manager or designee on a form prescribed by the town and shall include the following data and maps:

      (1)   Name and address of the applicant(s);

      (2)   Statement that the applicant(s) is the plaintiff in any action in eminent domain to acquire the property or the owner or the authorized agent of the owner of the property on which the variance is being requested;

      (3)   Address and legal description of the property;

      (4)   Statement indicating the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning regulations that would result from a strict or literal interpretation and enforcement of the specified regulations, together with any other data pertinent to the findings prerequisite to the granting of a variance, prescribed in § 20.7-7, Findings;

      (5)   An accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than two feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking facilities and landscaped areas;

      (6)   A list of all owners of property located within 300 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties; and

      (7)   The town staff may require additional information or plans, if they are necessary to enable a determination as to whether the circumstances prescribed for the granting of a variance exist. The Town Manager or designee may authorize omission of any or all of the plans and drawings required by this section if they are not necessary.

   (B)   An appeal from a decision of the Zoning Administrator shall be filed with the Town Hearing Officer and should cite the specific decision or action being appealed as well as the reasons and justification for the appeal.

(Ord. 2012-04, passed 12-5-2012)

   An application for a variance or an appeal of a decision of the Zoning Administrator shall be accompanied by a fee established by resolution of the Town Council to cover the cost of handling the variance application as prescribed in this section or responding to an appeal. A single application for a variance may include requests for variances from more than one regulation applicable to the same site, or for similar variances on two or more adjacent sites with similar characteristics.

(Ord. 2012-04, passed 12-5-2012)

   (A)   The Hearing Officer shall hold a public hearing on an application for a variance or an appeal of a decision made by the Zoning Administrator. The hearing shall be set and notice given as prescribed in § 20.5, Public Hearing Time and Notice.

   (B)   At a public hearing for a variance, the Hearing Officer shall review the application, statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in § 20.7-7, Findings.

   (C)   At a public hearing on an appeal from a decision of the Zoning Administrator, the Hearing Officer shall review the written appeal and statements and evidence in support of the appeal.

(Ord. 2012-04, passed 12-5-2012)

   The Town Manager or designee shall make an investigation of each application that is the subject of a public hearing and shall prepare a report thereon which shall be submitted to the Hearing Officer and made available to the applicant prior to the public hearing.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Within 21 days following the close of the public hearing on a variance application, the Hearing Officer shall act on the application. The Hearing Officer may grant, by resolution, a variance as the variance was applied for or in modified form, or the application may be denied. A variance may be revocable, may be granted for a limited time period, or may be granted, subject to conditions as the Hearing Officer may prescribe.

   (B)   Within 21 days following the close of the public hearing on an appeal from a decision of the Zoning Administrator, the Hearing Officer shall reverse, affirm or modify, wholly or partly, any order, requirement or decision of the Zoning Administrator properly appealed to the Hearing Officer, and make such order, requirement, decision or determination as is necessary.

(Ord. 2012-04, passed 12-5-2012)

   The Hearing Officer may grant a variance to a regulation prescribed by this zoning code with respect to fences, walls, hedges, screening or landscaping; site area, width or depth; front, rear or side yards; coverage, height of structures, distances between structures, usable open space or frontage on a public street, as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the Hearing Officer makes findings of fact that establish that the circumstances prescribed in divisions (A), (B) or (C) below and in divisions (D) and (E) below do apply.

   (A)   The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this zoning code.

   (B)   There are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone.

   (C)   Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone.

   (D)   The granting of the variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the same zone.

   (E)   The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(Ord. 2012-04, passed 12-5-2012)

   The Hearing Officer may grant a variance to a regulation prescribed in this zoning code with respect to signs as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the Hearing Officer makes findings of fact that establish that the circumstances prescribed in § 20.7-7, Findings, apply and the following circumstances also apply.

   (A)   The granting of the variance will not detract from the attractiveness or orderliness of the surrounding neighborhood or infringe on the similar rights of others.

   (B)   The granting of the variance will not create a hazard to public safety.

(Ord. 2012-04, passed 12-5-2012)

   The Hearing Officer may grant a variance to a regulation prescribed by this zoning code with respect to off-street parking facilities as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the Hearing Officer makes findings of fact that establish that the circumstances prescribed in § 20.7-7 apply and the following circumstances apply.

   (A)   Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.

   (B)   The granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

   (C)   The granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this zoning code.

(Ord. 2012-04, passed 12-5-2012)

   A decision of the Hearing Officer on a variance or an appeal of a decision made by the Zoning Administrator may be appealed within 30 days to the Board of Adjustment by the applicant or any other aggrieved person.

(Ord. 2012-04, passed 12-5-2012)

   A decision of the Hearing Officer on a variance shall be final 30 days after the date of the decision and upon receipt by the Town Manager of a signed agreement to the conditions of approval, unless an appeal has been filed.

(Ord. 2012-04, passed 12-5-2012)

   (A)   A variance shall lapse and shall become void one year following the date on which the variance became effective unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance application, or the site is occupied if no building permit or certificate of occupancy is required.

   (B)   A variance may be renewed for an additional period of one year; provided that, prior to the expiration of one year from the date when the variance or the renewal became effective, an application for renewal of the variance is filed with the Town Manager or designee.

   (C)   The Hearing Officer may grant or deny an application for renewal of a variance, subject to the modification of existing conditions and/or the addition of new conditions of approval.

   (D)   A variance shall also lapse if the use for which the variance is approved is terminated for a period of one year. Recommencement of the use after the one year period of inactivity shall require filing a new variance application according to the process and requirements listed in §§ 20.7-1 through 20.7-15.

(Ord. 2012-04, passed 12-5-2012)

   A variance granted by the Hearing Officer subject to conditions shall be revoked by the Hearing Officer if the applicant has not complied with the conditions. The decision of the Hearing Officer revoking a variance shall become effective 15 days following the date on which it was revoked unless an appeal has been filed.

(Ord. 2012-04, passed 12-5-2012)

   Following the denial or revocation of a variance application, no application for the same or substantially the same variance on the site or substantially the same site shall be filed within one year from the date of denial or revocation of the variance.

(Ord. 2012-04, passed 12-5-2012)

   Unless otherwise specified at the time a variance is granted, it shall apply only to the plans and drawings submitted as part of the application.

(Ord. 2012-04, passed 12-5-2012)

   Pursuant to A.R.S. § 9-462.06, the town shall have a Board of Adjustment which shall be appointed by the Town Council. In lieu of appointing a separate Board of Adjustment, the Mayor, with the consent of the Town Council, may establish the Town Council as the Board of Adjustment.

(Ord. 2012-04, passed 12-5-2012)

   The Board shall consist of five members who shall be residents of the town. The members of the Board shall be appointed by the Mayor, subject to the approval of the Town Council. The members of the Board shall serve without compensation.

(Ord. 2012-04, passed 12-5-2012)

   Whenever the Town Council is not serving as the Board, the term of office of the members of the Board shall be two years, with the terms of members so staggered that the terms of no more than four members shall expire in any one year. In the event of a death, resignation or removal from the Board, the vacancy shall be filled by the Council for the unexpired term. Three unexcused absences during a calendar year from any regular or special meeting may be considered inefficiency or neglect of duty and may be grounds for termination at the will and pleasure of the Town Council.

(Ord. 2012-04, passed 12-5-2012)

   (A)   Whenever the Town Council is serving as the Board, the Mayor and Vice Mayor shall serve as the Chairperson and Vice Chairperson respectively. Otherwise, the Board shall elect a Chairperson and Vice Chairperson from the members of the Board at the first meeting held in each calendar year. The Chairperson shall preside at all meetings. The Vice Chairperson shall perform the duties of the Chairperson in the latter’s absence or disability.

   (B)   Meetings of the Board shall be open to the public and notice to the public of items on the agenda shall be provided as required by state law and by § 20.5 of this zoning code. The minutes of the proceedings showing the votes of each member and records of its examinations and other official actions shall be kept and filed in the office of the Town Clerk as a public record.

   (C)   Three members of the Board shall constitute a quorum for the purpose of transacting business. The affirmative vote of a majority of the Board shall be required to pass a motion. A member may abstain from voting only upon a declaration that he or she has a conflict of interest, in which case such member shall take no part in the deliberation on the matter in question.

(Ord. 2012-04, passed 12-5-2012)

   Pursuant to A.R.S. § 9-462.06, the Town Board of Adjustment hereby grants authority for hearing and deciding variance requests and appeals of decisions made by the Zoning Administrator to the Hearing Officer. The Board of Adjustment will hear and decide appeals from the decisions of the Hearing Officer on these matters.

(Ord. 2012-04, passed 12-5-2012)

   A person aggrieved by a decision of the Board of Adjustment may, at any time within 30 days after the Board has rendered its decision, file a complaint for special action in Superior Court to review the Board or Town Council decision.

(Ord. 2012-04, passed 12-5-2012)

   (A)   The staff position of Zoning Administrator is hereby created for the administration of this zoning code. The Zoning Administrator shall possess all powers of a Zoning Administrator under this zoning code and state law and shall perform such duties as are set forth under this zoning code. The Town Manager or his or her designee shall serve as the Zoning Administrator. The Zoning Administrator shall not be the Town Hearing Officer.

   (B)   The Zoning Administrator shall have the following duties:

      (1)   Establish rules, procedures and forms to provide for the processing of applications or requests for action under the provisions of this ordinance;

      (2)   Accomplish all administrative actions required by this zoning code, including the giving of notice, preparation of reports, receiving and processing appeals, and the acceptance and accounting of fees;

      (3)   Provide advice and recommendations to the Town Planning and Zoning Commission, Board of Adjustment, Hearing Officer and Town Council with respect to applications and requests for approvals as required by this zoning code;

      (4)   Interpret the zoning code to the public, subject to policies established by the Town Council;

      (5)   Determine the location of any zoning district boundary shown on the zoning map adopted as part of this zoning code when such location is in dispute;

      (6)   Enforce the provisions of the zoning code as set forth in § 7 of this zoning code; and

      (7)   The Zoning Administrator shall not make any changes in the uses permitted in any zoning classification or make any changes in the terms of the zoning code.

(Ord. 2012-04, passed 12-5-2012)

   (A)   The purpose of this section is to grant authority to the Town Manager to take action on requests for minor modifications or adjustments to certain requirements of this zoning code when such requests constitute a reasonable use of property not permissible under a strict literal interpretation of the regulations.

   (B)   For the purpose of administering this section, an adjustment is any variance to the terms or requirements of this zoning code, which, if granted, would allow the following:

      (1)   A decrease of not more than 10% of the required building site area, width or depth;

      (2)   A decrease of not more than 20% of the required width of a side yard or the yard between buildings;

      (3)   A decrease of not more than 20% of the required front or rear yard;

      (4)   An increase of not more than 20% in the permitted height of a fence or wall;

      (5)   An increase of not more than 10% of the permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys and fireplaces into any required front, rear, side or yard between buildings;

      (6)   An increase of not more than 10% of the permitted height or areas of signs;

      (7)   A decrease in the number of required parking spaces of not more than 10%;

      (8)   An increase of not more than 10% in the maximum allowable lot coverage; and

      (9)   An increase of not more than 10% in the permitted height of buildings.

(Ord. 2012-04, passed 12-5-2012)

   Application for an adjustment shall be filed with the Town Manager or designee on a form prescribed by the town and shall include the following data and maps:

   (A)   Name and address of the applicant;

   (B)   Statement that the applicant is the plaintiff in any action in eminent domain to acquire the property or the owner or the authorized agent of the owner of the property on which the adjustment is being requested;

   (C)   Address and legal description of the property;

   (D)   Statement of the precise nature of the adjustment;

   (E)   An accurate scale drawing of the site and any adjacent property affected, showing all existing and proposed property lines, locations of structures, parking areas, driveways, other improvements or facilities and landscaped areas;

   (F)   Other plans, drawings or information which the staff deems necessary to enable proper consideration of the application; and

   (G)   If the request is for a setback reduction, a letter approving the adjustment from the affected adjacent property owner.

(Ord. 2012-04, passed 12-5-2012)

   The application shall be accompanied by a fee established by resolution of the Town Council to cover the cost of handling the application as prescribed in this section. A single application may include requests for adjustments from more than one regulation applicable to the same site, or for similar adjustments on two or more adjacent sites having the same characteristics.

(Ord. 2012-04, passed 12-5-2012)

   In granting an adjustment, the Town Manager shall make findings of fact that establish that the circumstances necessary for granting a variance by the Hearing Officer, as prescribed in § 20.7-7, Findings, do apply.

(Ord. 2012-04, passed 12-5-2012)

   In order to grant approval of an administrative adjustment allowing a reduction in minimum site area the Town Manager must make the following additional finding: the property cannot otherwise meet the minimum site area requirement of its current zoning classification.

(Ord. 2012-04, passed 12-5-2012)

   If the Town Manager denies an application for an adjustment or, if the applicant disagrees with the conditions imposed on the granting of an adjustment, if any, the applicant may file for a variance in accordance with § 20.7, Variances.

(Ord. 2012-04, passed 12-5-2012)

   (A)   FFA, 4-H or any agricultural or recognized animal husbandry activity or project conducted primarily for educational purposes or school credits may be permitted in any zone.

   (B)   The following criteria shall be met.

      (1)   Active membership, including enrollment in the specific livestock project, must be maintained, the project must be operated in compliance with all requirements of the organization having jurisdiction over the project, and verification of such shall be required.

      (2)   The keeping of all animals shall be subject to The Rules and Regulations of the Coconino County Health Department, §§ 11-1 (General), 11-2 (Piggeries) and 11-3 (Sanitary Requirements), as applicable.

      (3)   Under this exemption the setback and number of animals per acre do not apply for animals utilized in animal husbandry projects. However, the setback exemption shall not apply to any piggery, which is required by The Rules and Regulations of the Coconino County Department of Public Health to be located at least 300 feet from an inhabited house on an adjoining property.

      (4)   An application for the animal husbandry exemption must be approved by the Town Manager before more animals than the number permitted in the zoning district are brought to the property, or before any required setbacks are waived.

      (5)   The setback exemption and/or the number of animals per acre exemption may be revoked by the Town Manager if the animal husbandry activity or project is found to be out of compliance with any rules or regulations of the organization having jurisdiction over the project (i.e., the University of Arizona Cooperative Extension and the like). The finding of said lack of compliance must be made by the organization with jurisdiction.

      (6)   The setback exemption and/or the number of animals per acre exemption may be revoked by the Town Manager if a violation of §§ 11-1, 11-2 or 11-3 of The Rules and Regulations of the Coconino County Department of Public Health is found to exist on the property. The finding of a violation must be made by the Coconino County Hearing Officer for Environmental Services.

      (7)   The setback exemption and/or the number of animals per acre exemption may also be revoked by the Town Manager if a violation of A.R.S. § 13-2910, Cruelty to Animals, is found to exist on the property. The finding of a violation must be made by a Justice of the Peace.

      (8)   A revocation of an exemption may be appealed to the Planning and Zoning Commission. A written appeal must be filed within 30 days of the revocation.

      (9)   A decision by the Planning and Zoning Commission may be appealed to the Town Council. A written appeal must be filed within 15 days of the Commission’s decision.

(Ord. 2012-04, passed 12-5-2012)